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KROQ / Hayner/Swanson, Inc.

Civil Engineers/Land Surveyors

Olt

EXHIBIT B

May 24, 2018

Ms. Lisa Fauteux
Director of Public Works
9 Riverside Street
Nashua, NH 03062

Dear Ms. Fauteux:

Hayner/Swanson, Inc. (HSI) is pleased to submit this proposal to provide professional services in
support of the City of Nashua’s paving program. Consistent with the services we have provided
in an earlier contract, this work will be performed as an extension of the City Engineering
Department.

The term of this proposed contract will be from July 1, 2018 through March 1, 2019. Itis
anticipated that the extent to which support will be needed during the 2019 construction season
will be assessed in January 2019.

In this highly integrated effort, coordination and construction administration will be staffed by
both City staff and HSI personnel.

We understand that the services to be provided on the paving program will be varied and will
include management, administration, design, bid phase support and construction observation, At
times, we will be directly responsible for tasks. At other times, we will work in direct support of
City staff. Our commitment to flexibility and to consistent and clear communication with the
City will continue to be a key element in this program.

We understand that our responsibilities may be adjusted by the City based upon the specific
needs and workload of the City staff. We anticipate that tasks which we may be called upon to
undertake include:

e Overall coordination related to programming and scheduling project work

¢ Coordination with Stantec as the specification for pavement repairs is finalized for each
roadway segment

e Preparing, tracking and updating the overall program timeline

e Preparing budget updates as bids are received

e Coordination with privately owned utilities in advance of bidding, as well as in advance
of construction

3 Congress St. Nashua, NH 03062-3301 + (603) 883-2057 /5057 (fax) + www. hayner-swanson.com

e Assisting in preparation of bid documents including plans, specifications, estimates and
contract requirements

e Review of existing conditions to identify issues such as ADA concerns, existing
driveway or walk puddles, and utility concerns

e Review of bid results, analysis of unit prices and preparation of recommendations for
award

e Assistance during construction start-up including kick-off meetings and establishment of
working and reporting practices with contractors

e Construction observation including measuring and tracking quantities, as well as
preparation of comprehensive daily reports

e Supervision of the construction observation effort, whether performed by HSI or by City
staff

¢ Compilation of project records

« Administration and support of the construction contract closeout process

We understand that our services in this proposed contract will be expanded from the role we
have played in the past year in several respects:

e With a very significant increase in the amount of pavement preservation and
rehabilitation under contract in the City, HSI will provide more field staff for observation
and coordination of construction.

e HSI will take on a greater role in utility coordination.

e HSI will take on a greater role in coordination with NHDOT/FHWA on contracts which
are funded with remaining federal Parkway funding.

e HSI will take on a greater role in managing the contract of Stantec as they update their
pavement condition database.

e HSI will take on a greater role in managing and scheduling the overall program.

In performing these services, we understand that our efforts will always be as directed by the
City Engineer. At times, we may perform services which the City’s standard Genera! Conditions
for construction contracts assign to the “Engineer”. We note that performing these duties will
not bestow upon us the role and responsibilities of “Engineer” as may be defined in contracts
with construction contractors.

HSI will not be given the authority to stop the Contractor's work, nor to order the Contractor to
perform work beyond contract limits. If so directed by the City Engineer, we will deliver such
orders on the Engineer’s behalf.

On occasions when City staff may be working under the direct supervision of HSI, we
understand that the City staff will perform work with a standard of care equal to or exceeding the
standard we require of our own staff. City staff working under our supervision on construction
sites will be expected to always wear appropriate safety equipment and maintain detailed
records.

We understand that it is the City’s desire to establish a budget for HSI’s services which will be
performed as directed by the City Engineer. On a monthly basis, we will prepare a report on the
Status of our overall budget and submit the report with our invoice. We anticipate that as work
progresses, the specific tasks we work on will vary dependent upon the workload of City staff, as
well as the budget remaining for our support.

We anticipate that our work will fall under four categories:

1, Principal Level: Work under this category will be administrative and supervisory
support, We anticipate that these services will primarily be provided by John Vancor,
P.E. and Paul Hayner, P.E.

2. Engineering and Senior Construction Manager: Work under this category will include
utility coordination, review of technical concerns, preparation of bid documents and
contract coordination with contractors. We anticipate that these services will primarily
be provided by Scott Murphy, P.E. and Ray Gelinas. At times, we anticipate that Ethan
Holmes may be asked to work as a supervisor of City field staff. Such supervisory tasks
would fall under this category.

3. Construction Observation and Technical Support: Work under this category will include
field and office work directly associated with construction observation, as well as plan
preparation. We will assign Ethan Holmes and Denis Hayner to the field effort and will
supplement Ethan and Denis’s services with other staff as workload demands.

4. Administrative Support: Work under this category includes administrative efforts
including compilation of records and preparation of documents. This work will be
performed by Karen Blake.

As a basis for establishing the budget for the second year of the City’s five year paving program,

we have estimated an annual work effort by each category. Hourly rates are unchanged from
roles used last year.

Principal Level

Estimate 12 hours‘week for 35 weeks = 420 hours

4202 hours x $160/hour = $67,200
Engineering and Construction Manager

Estimate 10 hours/week for 35 weeks = 350 hours

350 hours x $120*/hour = $42,000

*Composite rate used

Construction Observation Support/Coordination
Estimate 100 hours/week for 20 weeks = 2,000 hours
Estimate 40 hours/week for 15 weeks = 600 hours
(coordination during winter shutdown)

2,600 hours x $82*/hour ms $213,200
*Composite rate used

Administrative Support

Estimate | hours/week for 35 weeks = 35 hours
35 hours x $65/hour = $2,275
Total Labor Budget = $324,675
Allowance for Expenses = $4,090
(including possible material testing)
Program Budget $328,675

We understand that the actual work performed will be as directed and that the split of work
between categories may vary significantly. We also understand that actual work performed will
be only as directed and may be less than the budget presented,

We propose to provide the services described herein in accordance with the same terms and
conditions used in our current contract to provide similar services.

If you have any questions or comments regarding this proposal, please contact me.
Sincerely,
Wa Crs
% 7
AW O D0

Come Vancor, P.E.

Vice President/Principal Engineer

B\ THE CITY OF NASHUA “The Cate City’

Financial Services

Purchasing Department

May 31, 2018
Memo #18-162

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: | MARSHALL STREET DRAINAGE IMPROVEMENTS (VALUE: NOT-TO-EXCEED
$35,000)
DEPARTMENT: 169 WASTEWATER; FUND: WASTEWATER

Please see the attached communication from Stephen Dookran, P.E., City Engineer, dated May 31, 2018
for information related to this purchase.
The City Engineer, Board of Public Works (May 31, 2018 meeting) and the Purchasing Department

recommend the award of this contract in an amount not-to-exceed $35,000 to Thibeault Corp. of
Manchester, NH.

Respectfully,

Dan Kooken
Purchasing Manager

Coc: S Dookran L Fauteux

229 Main Street * Nashua, New Hampshire 03061 © Phone (603) 589-3330 e Fax (603) 589-3233

To:

From:

Re:

G. Motion:

Discussion:

City of Nashua, Public Works Division

Board of Public Works Meeting Date: May 31, 2018

Stephen Dookran, P.E., City Engineer
Engineering Department

Marshall St Drainage Improvements

To approve a contract with Thibeault Corp. of Manchester, NH for the amount not to
exceed $35,000 for drainage improvements on Marshall St. Funding will be through
Department: 169 Wastewater; Fund: Wastewater; Activity: CSO Flooding.

Currently drainage work on Marshall St is being performed by Thibeault Corp. in
relation to the housing development at 22 Marshall Street. DPW would like to make
additional drainage improvements that include replacing deteriorated catch basins and
regrading of the street to reduce existing puddles.

Using Thibeault to do the additional drainage work is the best option at this time since
they are already mobilized for that type of work. They are also performing pipe
replacement on Marshall St for Pennichuck Water Works.

It is also important to note that the overall drainage improvements on Marshall St will
result in additional sewer separation and are therefore a benefit to the City’s CSO
program.

STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR

This agreement is made:

BETWEEN the OWNER: City of Nashua, New Hampshire

229 Main Street
Nashua, NH 03060-2019

And the CONTRACTOR: Thibeault Corporation of NE

603 Mammoth Road

Londonderry, NH 03053

and its successors, transferees and assignees
(together “CONTRACTOR” )

For the following Project: MARSHALL STREET DRAINAGE IMPROVEMENTS

ARTICLE 1— THE CONTRACT DOCUMENTS

The CONTRACTOR shall complete the work described in the Contract Documents for this
project. The documents consist of:

1.
2.
3.
4.

5.

This Agreement signed by the OWNER and CONTRACTOR, including the General
Terms and Conditions;

Scope of Work — Thibeault Proposal dated May 30, 2018;

Insurance Certificate;

Written change orders for minor changes in the Work issued after execution of this

Agreement; and
Fully Executed OWNER Purchase Order

The Contract represents the entire and integrated agreement between the parties and supersedes
prior negotiations, proposals, representations or agreements, either written or oral. Any other
documents which are not listed in this Article are not part of the Contract.

In the event of a conflict between the terms of the Proposals and the terms of this Agreement, a
written change order and/or fully executed OWNER Purchase Order, the terms of this Agreement,
the written change order or the fully executed OWNER Purchase Order shall control over the
terms of the Proposals

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ARTICLE 2 — PERIOD OF PERFORMANCE

CONTRACTOR shall perform and complete all work within the time periods set forth and may
only be altered by the parties by a written agreement to extend the period of performance or by
termination in accordance with the terms of the contract. CONTRACTOR shall begin
performance upon receipt of an Executed Contract and a valid Purchase Order issued from the
City of Nashua.

ARTICLE 3 - CONTRACT SUM

Subject to additions and deductions by Change Order, the OWNER shall pay CONTRACTOR,
in accordance with the Contract Documents, the Contract Not to Exceed Sum of:

THIRTY-FIVE THOUSAND DOLLARS ($35,000.00)

The Contract Sum shall include all items and services necessary for the proper execution and
completion of the Work.

ARTICLE 4— INSURANCE AND INDEMNIFICATION

CONTRACTOR shall carry and maintain in effect during the performance of services under this
contract:
>» General liability insurance in the amount of $1,000,000 per occurrence; $2,000,000
aggregate;
> Motor Vehicle Liability: $1,000,000 Combined Single Limit;

*Coverage must include all owned, non-owned and hired vehicles.

> Workers’ Compensation Coverage in compliance with the State of NH Statutes,
$100,000/$500,000/$ 100,000.

CONTRACTOR and subcontractors at every tier will fully comply with NH RSA Chapter
281-A, “Workers’ Compensation”.

The parties agree that CONTRACTOR shall have the status of and shall perform all work under
this contract as an independent CONTRACTOR, maintaining control over all its consultants, sub
consultants, or subcontractor’s. The only contractual relationship created by this contract is
between the OWNER and CONTRACTOR, and nothing in this contract shall create any
contractual relationship between the OWNER and CONTRACTOR’s consultants, sub
consultants, or subcontractor’s. The parties also agree that CONTRACTOR is not an OWNER
employee and that there shall be no:

1. Withholding of income taxes by the OWNER:

2. Industrial insurance coverage provided by the OWNER;

3. Participation in group insurance plans which may be available to employees of the
OWNER;

4. Participation or contributions by either the independent CONTRACTOR or the OWNER

to the public employee’s retirement system;

Accumulation of vacation leave or sick leave provided by the OWNER;

6. Unemployment compensation coverage provided by the OWNER.

dl

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CONTRACTOR will provide the OWNER with certificates of insurance for coverage as listed
below and endorsements affecting coverage required by the contract within ten calendar days after
the OWNER issues the notice of award. The OWNER requires thirty days written notice of
cancellation or material change in coverage. The certificates and endorsements for each insurance
policy must be signed by a person authorized by the insurer and who is licensed by the State of
New Hampshire. General Liability and Auto Liability policies must name the OWNER as an
additional insured and reflect on the certificate of insurance. CONTRACTOR is responsible for
filing updated certificates of insurance with the OWNER's Risk Management Department during
the life of the contract.

> All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of
insurance.

>» If aggregate limits of less than $2,000,000 are imposed on bodily injury and property
damage, CONTRACTOR must maintain umbrella liability insurance of at least
$1,000,000. All aggregates must be fully disclosed on the required certificate of insurance.

>» The specified insurance requirements do not relieve CONTRACTOR of its
responsibilities or limit the amount of its liability to the OWNER or other persons, and
CONTRACTOR is encouraged to purchase such additional insurance, as it deems
necessary.

> The insurance provided herein is primary, and no insurance held or owned by the OWNER
shall be called upon to contribute to a loss.

>» CONTRACTOR is responsible for and required to remedy all damage or loss to any
property, including property of the OWNER, caused in whole or part by CONTRACTOR
or anyone employed, directed, or supervised by CONTRACTOR.

Regardless of any coverage provided by any insurance, CONTRACTOR agrees to indemnify
and shall defend and hold harmless the OWNER, its agents, officials, employees and
authorized representatives and their employees from and against any and all suits, causes of
action, legal or administrative proceedings, arbitrations, claims, demands, damages, liabilities,
interest, attorney’s fees, costs and expenses of any kind or nature in any manner caused,
occasioned, or contributed to in whole or in part by reason of any negligent act, omission, or
fault or willful misconduct, whether active or passive, of CONTRACTOR or of anyone acting
under its direction or control or on its behalf in connection with or incidental to the
performance of this contract. CONTRACTOR’s indemnity, defense and hold harmless
obligations, or portions thereof, shall not apply to liability caused by the sole negligence or
willful misconduct of the party indemnified or held harmless.

Page 3 of 12

ARTIC

1.

General Terms and Conditions

LE 5— GENERAL PROVISIONS

The Contract represents the entire and integrated agreement between the parties and
supersedes prior negotiations, representations or agreements, either written or oral. The
Contract may be amended or modified only by a written modification.

The term “Work” means the construction and services required by the Contract Documents,
and include all other labor, materials, equipment and services provided by the
CONTRACTOR to fulfill the CONTRACTOR’s obligations.

The intent of the Contract Documents is to include all items necessary for the proper
execution and completion of the Work by the CONTRACTOR. The Contract Documents
are complementary, and what is required by one shall be as binding as if required by all.

In the case of a discrepancy, calculated dimensions will govern over scaled dimensions,
Contract Drawings will govern over Standard Specifications, and Technical Specifications
will govern over both Contract Drawings and Standard Specifications. In the case of a
discrepancy between the Agreement and other Contract Documents, the more specific or
stringent obligation or requirement to the benefit of the OWNER shall take precedence.
The CONTRACTOR shall take no advantage of any apparent error or omission in the
Contract Drawings or Technical Specifications, and the Engineer will be permitted to make
such corrections and interpretations as may be deemed necessary to fulfill the intent of the
Contract Documents.

ARTICLE 6—- OWNER

1.

Except for permits and fees, which are the responsibility of the CONTRACTOR under the
Contract Documents, the OWNER shall obtain and pay for other necessary approvals,
easements, assessments and charges.

If the CONTRACTOR fails to correct Work that is not in accordance with the Contract
Documents, the OWNER may direct the CONTRACTOR in writing to stop the Work
until the correction is made.

If the CONTRACTOR defaults or neglects to carry out the Work in accordance with the
Contract Documents and fails within a seven (7) day period after receipt of written notice
from the OWNER to correct such default or neglect with diligence and promptness, the
OWNER may, without prejudice to other remedies, correct such deficiencies. In such
case, a Change Order shall be issued deducting the cost of correction from payments due
the CONTRACTOR.

The OWNER reserves the right to perform construction or operations related to the project
with the OWNER’s own forces, and to award separate contracts in connection with other
portions of the project.

The CONTRACTOR shall coordinate and cooperate with separate CONTRACTORs
employed by the OWNER.

Costs caused by delays or by improperly timed activities or defective construction shall be
borne by the responsible party.

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